1. TERMS AND CONDITIONS OF BUSINESS
i) This website is operated by Curious Pencil Cards Ltd. Terms such as “we”, “us” and “our” refer to Curious Pencil Cards Ltd where they are used in these terms and conditions.
ii) By purchasing something from our e-commerce store, or using our services you agree to be bound by the terms and conditions contained in this document.
2a. ONLINE SHOPPING
i) We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
ii) Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
iii) When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
iv) Your order will only be accepted by us once your goods have been dispatched.
2b. ONLINE SHOPPING – ORDER ACCEPTANCE
We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered is out of stock
ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
iii) There has been a pricing or product description error
iv) There is a system or procurement failure
v) You have failed our customer validation checks
2c. ONLINE SHOPPING – DELIVERY
i) On completing your purchase you will be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times).
ii) Where you select a “next day delivery” option, orders placed on Fridays, Saturdays or Sundays may not be despatched for delivery until the following Monday and so may not be received until Tuesday.
iii) In the unlikely event, that the items are damaged upon receipt of in delivery, we must be notified in 48 hours and have photographic evidence. We will then do everything in our power to resolve this issue.
2d. ONLINE SHOPPING – ORDER CANCELLATION
i) If you wish to cancel an order you have placed you must contact us immediately to ascertain whether the items have been dispatched or not. Where they have been dispatched, you will need to return the item to us and you will be responsible for paying the cost of returning the items.
ii) Where items have not been dispatched prior to a cancellation request our refund policy will apply.
3a. BESPOKE/CUSTOM PURCHASES – ARTWORK
i) Please understand the nature of Curious Pencil Cards LTD is built on creativity, by using our services, you agree for us to have full creative licence on designs. If you have specific requests for the artwork we are producing for you, for example colour or design, you will need to mention this in advance before we develop your artwork. If you request an illustration of a particular image or person, please note that all designs are subject to creative licence and although the illustrations aim to fulfil the look of a particular image and likeness, we cannot guarantee an exact replica.
ii) Every effort will be made to obtain the best possible colour match, but because of the nature of the processes involved, Curious Pencil Cards LTD cannot guarantee an exact match in colour or texture.
iii) Where we are designing artwork as part of your order, we aim issue a proof for your approval in advance of production. Regardless of the detail, it is your responsibility to check that every detail of the proof is to your satisfaction, prior to giving us your approval to proceed.
iv) You are entitled to make 3 minor amendments free of cost, further / major amendments may be subject to an additional cost due to the extra hours of work we have to attend to, we will notify you of any change to the original estimation.
v) If Curious Pencil Cards LTD has provided you with a proof; your acceptance confirms that you agree to the design and contents of the printed document as depicted on the proof. By stating that you agree, you absolve Curious Pencil Cards LTD of all liability for any errors, omissions or discrepancies, which may be present on the proof.
vi) Once you have confirmed verbally or in writing and if we have progressed with the production of the product, you are not then able to make any changes to the final product, nor are you able to hold Curious Pencil Cards LTD responsible for anything you are unhappy with. By agreeing to these terms and conditions you revoke your right to take any kind of action against Curious Pencil Cards LTD for any aspect of the work with which you are later dissatisfied. By agreeing to these terms and conditions it means that as long as the finished product is consistent with the proof, you must pay in full for the work.
vii) If you would like a reprint due to any errors, omissions or discrepancies, that were present on the proof, any additional costs as a result of late changes will be passed onto you as part of the total charge.
3b. BESPOKE/CUSTOM PURCHASES – COPYRIGHT & LEGALITY
i) Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations and copy belong to Curious Pencil Cards LTD.
ii) Any work that Curious Pencil Cards LTD owns the copyright; Curious Pencil Cards LTD reserves the right to reuse when needed.
iii) Unless otherwise agreed, by using our services, you give us the right to take photographs and videos of the items for promotional purposes. This may include, on social media, websites or other promotional materials.
iv) Curious Pencil Cards LTD reserves the right not to print any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, and design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
3c. BESPOKE/CUSTOM PURCHASES – ORDER / CANCELLATION
i) Where you have ordered a personalised item, once the design process has begun and/or product has been printed you may not be able to cancel for a full refund, a partial refund will be at our discretion depending on your position in the process and any costs incurred.
vi) In the unlikely event, that the items are damaged upon receipt of in delivery, we must be notified in 48 hours and have photographic evidence. We will then do everything in our power to resolve this issue.
iii) Curious Pencil Cards LTD reserves the right to suspend products and/or services in the event of non-payment within the specified terms.
iv) We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid to agreed credit terms.
v) Curious Pencil Cards LTD accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency you may, by written notice to Curious Pencil Cards LTD, elect to terminate the contract and pay for work done, delivery and printed costs.
3d. BESPOKE/CUSTOM PURCHASES – QUOTATION
i) All bespoke quotes are valid for 30 days; any further information given will invalidate the original quote.
ii) At the time of estimation, Curious Pencil Cards LTD will provide the client with a written estimate or quotation. By accepting the estimate or quotation the customer is agreeing to the Terms & Conditions set out herein. If circumstances change that effect Curious Pencil Cards LTD’s ability to complete the project for the cost estimated, the client will be notified before any additional work is completed.
4. LIABILITY AND INDEMNITY
i) Curious Pencil Cards Ltd shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
ii) You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
i) These terms and conditions shall be governed in accordance with the laws of England and are subject to the exclusive jurisdiction of the courts of England & Wales.
5. ENTIRE AGREEMENT
i) These terms and conditions constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and Curious Pencil Cards Ltd whether written or oral.
i) We may change these terms and conditions at any time.
ii) Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
iii) Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible for such delay or failure.